5 Things Law Firms should consider before applying for CQS Accreditation – Access Legal
Here are five topical areas of conveyancing development that will currently impact your CQS Accreditation. All of these areas are covered in depth as part of the Access Legal CQS Conveyancing Update Courses:
- TA6 6th edition and TA7 (leasehold) 5th edition
New forms have been issued which become mandatory for CQS members from 30 March 2026. Significant changes in wording and format of the forms have taken place. Plain language and extensive explanatory notes are designed to make the forms user friendly for completion by consumers without seeking legal advice. Solicitors now need to be even more aware of the misrepresentation implications where legal advice is sought, when the ‘not known’ response may be appropriate, and when caveat emptor still applies despite the claims of its demise because of ‘upfront information’.
- SDLT (Stamp Duty Land Tax) and LTT (Land Transaction Tax)
CQS requires solicitors to show an audit trail of client information gathered by the lawyer, advice given, and a verified calculation of the land tax payable by the purchaser. It is important for conveyancers to be aware of the different rates, tax thresholds, availability of a relief, and filing deadlines depending upon whether the property transaction is subject to SDLT or LTT. All staff need to be aware of the subtle differences between HMRC and the Welsh Revenue Authority in matters of enforcement and penalties, when process deadlines are not met.
- Climate Change
Property lawyers are not expected to assess the likelihood of physical damage from climate change. Nor, are they required to give generic advice on environmental issues. But there are now two clear and reasonable expectations which fall onto solicitors to protect the interests of clients in property transactions. Firstly, to advise on transition risks. What changes in legislation and stricter regulations may affect how the client can use the property in the foreseeable future. Secondly, to advise about legal liabilities which may fall on the client as a property owner. Such as the costs of upgrading the property, or the future unenforceability of current legal rights and obligations.
- Digital Processes
Rapid and very recent changes have been introduced by HM Land Registry. These affect how solicitors do their conveyancing work and then finalise the transaction by registration. For example, legacy systems such as the enhanced Digital Registration Service (eDRS) are being decommissioned by HMLR; and historic requirements for deeds to be witnessed will, in time, be swept away now that Qualified Electronic Signatures are acceptable to the Land Registry. CQS members will wish to stay at the forefront of awareness and utilisation of process changes which affect their businesses.
- Anti-money laundering
Conveyancing firms are at high risk of money laundering due to the nature and kind of transactions they handle on behalf of clients. Source of funds and source of wealth are two aspects of high importance. Both should be obtained at the earliest opportunity at the start of the matter, along with client due diligence as part of understanding the client and the transaction. Client questionnaires are a useful tool to gain an understanding of how a purchase is being funded, and to inform what further information and evidence is required. Robust anti-money laundering policies, controls and procedures are needed to give the firm confidence in application and the ability to spot red flags.
Want to make sure your team is fully prepared for the latest CQS requirements?
Register for the new Access Legal CQS course.
